Items tagged with SCOTLAND

Between 1988 and July 2002 the pursuer was employed by the defenders. Here she claimed that she suffered injury to her neck, shoulders and back as a result of the work which was allocated to her at certain times during her employment. It was submitted by the pursuer that her injuries were caused by......

Proof:- In this action the pursuer sought damages from the defenders, her employers, after she slipped on ice in a car par in Aberdeen on 1 March 2004 during the course of her employment. Here at proof all the evidence was agreed by way of a joint minute of admissions, including inter alia that t......

Proof. The pursuer raised an action for damages for personal injuries sustained when he fell off his bicycle. He averred that, as he approached a junction on his left, the first defender was clearly about to pull out of that junction and into the path of the pursuer. In anticipation of that event, ......

Proof:- In this action the pursuer sought damages in respect of injuries sustained as a result of an accident occurring on 2 September 2005. That afternoon the pursuer had finished work for the week and visited the public toilet of the town. The pursuer worked as a joiner and was wearing his work......

Reparation:- This case related to an action for damages following a road traffic accident in Arran in 1996. The case settled extra judicially with the defenders agreeing to make reparation to the pursuer together with the judicial expenses of the action as taxed. The pursuer's account of expenses......

This is an appeal against a decision of the Professional Conduct Committee of the General Dental Council (GDC) to erase the pursuer's name from the Dentists Register under section 27B(6)(a) of the Dentists Act 1984. Grounds for striking off: Mr Black held no membership of a defence organisatio......

The respondents claimed expenses and an additional fee for a Court of Session appeal from the unsuccessful applicant. The additional fee was sought under the heads, inter alia, that the cause was complicated, time-consuming and important to the respondents who had very serious allegations made agai......

Appeal to the Court of Session under the General Medical Council's Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988:- In April 2007, following an eight day hearing, the panel found the appellant guilty of serious professional misconduct:- "The panel has ......

In a Summary Cause action, the Pursuer claimed damages following an incident in which his parked vehicle was struck and damaged by a vehicle driven by the Defender's employee. It was not disputed that the Pursuer needed a replacement vehicle. He hired a vehicle for 19 days at a cost of just under &......

Dispute concerning the amount of interest payable on a former partner's agreed share of the firm's assets. The pursuer submitted that an outgoing partner has an extra right to claim a higher rate of interest at common law. Held: There was no authority to support the proposition that an e......

Reclaiming Motion:- In this action the respondent sought damages damages from the reclaimer on the ground that she suffered psychological damage as a result of sexual abuse alleged to have been perpetrated upon her by him between 1975 and 1997. The reclaimer was prosecuted on various charges of i......

Debate:- In this action the pursuer, a prison officer, sought damages from the defenders, the employers of the pursuer, in respect of mental health consequences of an incident at work on 3 August 1997. On that date the pursuer had intervened in a fight between prisoners during the course of which......

Pursuer was prison officer and during the course of his employment he broke up a fight between two inmates. One of the inmates was an intravenous blood user and his blood had covered the pursuers shirt. Some of the blood went into the pursuers mouth and he swallowed it. He underwent tests for AIDS ......

The pursuer had been an employee of the defenders when she was involved in an accident at work. She sued for her injuries, relying on Regulations 5(1), 12(1) and 12(3) of the Workplace (Health, Safety and Welfare) Regulations 2003. Quantum was agreed in this case; the only outstanding issues before......

The pursuers' husband worked for Ayr County Council from 1948 to 1971. As part of his employment as a joiner on council housing projects he was exposed to asbestos, diagnosed with mesothelioma in 2007 and subsequently died of asbestosis. This is a personal injuries action brought against the succes......

Proof:- On 16 May 2004 the pursuer's brother, Sean Milligan, was injured in a road traffic accident in Carluke when the car he was driving collided with a stolen van being driven by the defender who was under the influence of alcohol. The defender was thereafter convicted of a number of road traffi......

On 20 October 2007, the pursuer sustained injury in an accident at work while employed by the defenders as a senior sales assistant at their retail premises at Parkhead Forge, Glasgow. The pursuer fell from a ladder while attempting to retrieve a box from a high shelf in the stockroom of the premis......

Reparation - Proof:- On 12 April 2005 the pursuer was travelling as a passenger on a single decker bus owned and operated by the defenders through the centre of Glasgow. At around 5.30p.m. a bus, also owned and operated by the defenders, collided with the back of the pursuer's stationary bus. As ......

Proof:- In this action for personal injury the pursuer sought damages from the defenders for injuries she sustained as a result of tripping in a hole on the east footpath of West Nile Street, Glasgow, near Bath Street, on 11 January 2006. The pursuer sought payment of £200,000. By interloc......

Proof:- This was an action for damages for reparation against the Advocate General for Scotland representing the Ministry of Defence and the Department of the Environment at the instance of the executors of the late George Smith Stuart who died in December 2007. The claim related to rights to dam......

Personal Injury - Proof:- In this action the pursuers sought damages after the first pursuer was knocked down on Princess Street in Edinburgh on 19 October 2003. The pursuers had been out for dinner together on the Sunday evening in question when they crossed Princes Street at its junction with L......

Time-Bar/Personal Injury/Sections 17(2) and 19A, Prescription and Limitation (Scotland) Act 1973/Balance of Equities This case involved a simple application of the time-bar provisions contained in the Prescription and Limitation (Scotland) Act 1973. A preliminary proof on the issue of time-......

The Pursuer (aged 36 at Proof) was injured in March 2007 when the Defender's car collided with the bus on which she was travelling. The Defender admitted liability but quantum was disputed and a Summary Cause Proof took place, at which the only witness was the Pursuer. The terms of an expert m......

Proof: Occupiers Liability (Scotland) Act 1960: slip on tennis court. The pursuer brought an action for damages for injuries sustained when he fell on astroturf tennis courts owned and occupied by the defenders. The pursuer claimed that there was green moss on the surface of the court and on the vi......

The pursuer, as curator ad litem for Ronald Pate, sought damages on behalf of Mr Pate who suffered injuries when he fell from a roof which he had been tiling in the course of his employment. Quantum had been agreed and the case proceeded on the question of liability and contributory negligence. Mr ......

In terms of s.6(1)(a) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 the sheriff found that Daryl Malcolm Shearer (DOB 07.05.89) died while in custody at Dingwall Police Station, Strathpeffer Road, Dingwall, Ross-shire at about 8.15am on 27th October 2008. In terms of s.6......

In terms of s.6(1)(a) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, the sheriff found that John Aitken died within ward 14 at Dumfries and Galloway Royal Infirmary (DGRI), Dumfries on 1 April 2009 at 18.00 hours. In terms of s.6(1)(b), the cause of death was (a) Cardio......

This was an FAI into the death of Mr Cadger which was as a result of a road traffic collision when the small van he was driving was involved in a head on collision with a large goods vehicle. The accident occurred when Mr Cadger pulled out from his carriageway to overtake and collided head on with ......